[HISTORY: Adopted by the Town Board of the
Town of Chili 4-3-1985 by L.L. No. 1-1985 (Ch. 85 of the 1980
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 500.
As used in this chapter, the following terms
shall have the meanings indicated:
An apparatus capable of receiving communications from a transmitter
or transmitter relay located in planetary orbit.
A satellite signal which, when viewed on a conventional television
set, is at least equal in picture quality to that received from local
commercial television stations or by way of cable television.
[Added 12-3-2008 by L.L. No. 4-2008]
This chapter shall generally be applicable to
satellite television antennas as defined herein; however it shall
be applicable to those antennas over 18 inches in diameter.
No person shall cause, suffer or permit the
erection and/or maintenance of any parabolic dish or other antenna
or device, the purpose of which is to receive television, radio and/or
microwave or other electrical signals from space satellites, except
as set forth herein:
A.
Any such antenna shall be confined to the rear yard
of any parcel of realty. No more than one satellite antenna shall
be located on any lot. On a corner lot, in addition to being confined
to the rear yard, the antenna shall not be located nearer than 55
feet from the lot line adjacent to the nearest street line.
B.
No such antenna shall be installed in the Town of
Chili unless a permit and/or approval has been granted as provided
herein.
(1)
Completed applications for a permit to construct a satellite antenna shall be upon a form provided by the Chili Building Department and shall contain all of the information requested thereon and such information as provided for in the Zoning Board review as set forth under § 401-5 of this chapter.
(2)
No installations shall be allowed over or upon an
easement.
(3)
The diameter of such dish shall not exceed 12 feet,
and the height of such device and its installation apparatus shall
not exceed 15 feet at its maximum height, width or depth.
(4)
No part of said satellite antenna or its installation
apparatus shall be located within 10 feet of the side or rear lines
of said lot.
(5)
Every effort shall be made to provide under said permit
that the color is in solid or earth tones so as to reduce or eliminate
aesthetic concerns of the adjoining properties insofar as possible
and that said color tones are maintained in such character during
the usage of said satellite antenna under this permit. It is the basic
requirement that the colors be solid and in black, brown, green, beige
or similar muted colors, including solid color mesh construction.
(6)
All installations shall be accomplished under the
permit in a good, workmanlike manner and shall be installed so as
to assure that no safety problems resulting from wind, electric or
other factors give rise to an unsatisfactory safety condition.
(7)
Completed applications for permits shall be complete and shall be signed by the owner of the property and shall be reviewed by the Code Enforcement Officer and, where necessary, the Engineer. If the requirements of this chapter are met, as well as the requirements of Chapter 500, Zoning, of the Code of the Town of Chili, and the Chili codes and Building and Fire Codes are met, an appropriate permit for construction may be issued by the Code Enforcement Officer.
(8)
Approval by Code Enforcement Officer.
(a)
The Code Enforcement Officer shall, before approving
and issuing said permit, determine whether or not the proposed antenna
and/or its installation will:
(b)
The Code Enforcement Officer, in granting any
approval, may require the applicant to provide adequate or suitable
screening, fencing, anticlimbing protection or other protective measures
as it deems necessary or proper to reduce or eliminate aesthetic or
safety concerns.
In the event that a usable satellite signal cannot be obtained by locating the antenna as provided for under § 401-3 of this chapter and that the applicant can show proof that a usable signal can only be obtained in another location on the property, an application for a variance may be requested.
All applicants for variances to construct satellite
antennas within the Town of Chili shall make written application therefor
to the Zoning Board of Appeals. The application shall include, but
not be limited to, the following:
A.
Specific site data on a map, acceptable in form and
content to the Zoning Board of Appeals, which shall be prepared to
scale and in sufficient detail and accuracy so as to depict the placement
of all component parts of the antenna, including any guy wires or
enclosures, in relation to:
(1)
The location of property lines and easements.
(2)
The location of all structures on the side and all
structures within 10 feet of the property lines.
(3)
The location of all utility poles, above- and below-ground
utility lines, trees or other natural or artificial structures.
(4)
The location, nature and extent of any proposed fencing,
buffering, plantings or other screening measures, if any, proposed.
C.
Any other information which the Zoning Board of Appeals
deems reasonable or necessary in order to review the application.
A.
After receipt of a completed application, the Zoning
Board of Appeals shall hold and conduct a public hearing upon the
application, and shall give 10 days' public notice thereof in the
official newspaper of the Town. In addition, written notice shall
be given to all landowners within 100 feet of the site covered by
the application. Prior to the public hearing, the application shall
be referred to the Town Engineer for review and recommendation.
[Amended 12-3-2008 by L.L. No. 4-2008]
B.
The Zoning Board of Appeals shall review and consider
the application and shall determine whether or not the proposed antenna
will:
C.
The Zoning Board of Appeals, in granting any approval,
may require the applicant to provide adequate or suitable screening,
fencing, anticlimbing protection or other protective measures as it
deems necessary or proper to reduce or eliminate aesthetic or safety
concerns.
If the application is approved by the Zoning
Board of Appeals, the applicant shall submit and file with the Town,
prior to the start of construction or prior to use, all Federal Communication
Commission, Federal Aviation Administration and other state, federal
or local permits or approvals which may be required for the construction
of the antenna and shall submit to the Town, upon completion of the
construction or installation, a certification that the construction
or installation as completed is in full compliance with the manufacturer's
suggested procedures.
Where there are practical difficulties or unnecessary
hardships in the matter of carrying out the strict letter of this
chapter, the Zoning Board of Appeals shall have the power, in passing
upon any application required herein, to vary or modify any of the
regulations or provisions contained herein so that the spirit of this
chapter shall be observed, the public safety and welfare secured and
substantial justice done.
The Town Board shall establish a fee to be paid
by the applicant at the time of the filing of said application, which
said fee is designed to reasonably offset the administration costs
of administering these Code provisions.
A person or corporation which shall violate any provisions of this chapter or shall fail to comply herewith or shall violate or fail to comply with any order, rule or regulation made hereunder shall be punished therefor as provided under Chapter 500, Article XII, Penalties, of Chapter 500, Zoning, of the Code of the Town of Chili.
